HomeMy WebLinkAboutORD 152 1992 0701ORDINANCE No. 152
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTIONS 9.12.060 AND
9.12.070 OF CHAPTER 9.12 TO TITLE 9 OF THE
MOORPARK MUNICIPAL CODE, PERTAINING TO
OFFENSES AGAINST PROPERTY.
WHEREAS, Sections 9.12.060 and 9.12.070 Of the Municipal code
of the City of Moorpark set forth definitions and requirements and
restrictions pertaining to circulation of handbills; and
WHEREAS, a definition is proposed to be included for "public
parking area" in Section 9.12-060; and
WHEREAS, Section 9.12.070 does not currently address
location restrictions or the City's interest to ensure that the
handbill will not be blown from public and private parking areas
onto other public and private property.
WHEREAS, the distribution of commercial handbills upon
vehicles located in public parking areas as well as upon private
property creates widespread litter which is unsightly, unhealthy
and difficult to remove and hence detrimental to the public health,
safety and welfare of the residents of the City.
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Sections 9.12.060 and 9.12.070-.C, 9.12.070.D and
9.12.070 E. of Chapter 9.12 of Title 9 of the Moorpark Municipal
Code are hereby amended to read as follows:
9-12,062-DgLiAitions. For the purposes of this article, the words
and phrases set forth in this section shall have the following
meanings, unless the context clearly indicates to the contrary:
"Commercial handbill" means any handbill which is distributed for
the purposes of advertising for sale goods, wares, merchandise or
services, or any other commercial activity; however), for the
purposes of this article, "commercial handbill" means and includes
the distribution or circulation of samples of goods, wares and
merchandise.
"Handbill" means a printed ("printed" includes all forms of
reproduced writing) paper or circular, which is circulated or
distributed, other than by United States mail, for the purpose of
advertising goods, wares, merchandise or services, or Soliciting
orders for such. "Handbill" does not include newspaper. For the
purposes of. this subsection, "Newspaper" means a periodical
published primarily for the dissemination of news and intelligence
of a general character.
"Noncommercial handbill" means any handbill other than a commercial
handbill. (Ord. 89-109 (part), 1989)
Ordinance No. —152_
Page 2
"Public parking area" means an open area, excluding a street or
other public way, used for the parking of motor vehicles (as that
phrase is defined in the Vehicle Code of the state) and available
to the public, whether for free or for compensation.
Section 9.12 070 Reauiremen c and Restriction.
C. Distribution on Public Property. No persons shall
distribute or circulate, or cause to be circulated or distributed
any commercial handbill in and along any public street, public
alley, public parking area, or other public place within the city;
and
D. Distribution on Motor Vehicles. No persons shall
circulate or distribute, or cause to be circulated or distributed,
any commercial handbill by placing it on or upon any motor vehicle,
as that phrase is defined in the Vehicle Code of the state, which
is parking upon any public street, public alley, public parking
area or other public place within the city, private parking lot, or
other private property including commercial, industrial, and
residential zoned property.
E. Distribution on Private Property. The delivery of
commercial handbills on private property shall, be accomplished by
personally delivering the handbill to the person occupying
property, or by placing the handbill u the
ensure that the handbill will not be blown the property yonto
other lots or public places. No handbill shall be placed in or upon
any motor vehicle on private property.
UCTION 2. If any section, subsection, sentence, clause,
Phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 3. The City Council hereby deems that this ordinance
shall take effect 30 days after passage and adoption.
Ordinance No. 152
Page 3
SECTION 4. The City Council hereby directs that the City
Clerk,: (1) shall certify the passage and adoption of this
ordinance, (2) shall enter this ordinance in the book of original
ordinances of the City of moorpark, (3) shall passage and City Council which adopted this make
ordinance, and the
shall within fifteen (15) days after (4i
this ordinance to be published in a manner described by la cause
Y law.
1992. PASSED, "PROVED, and ADOPTED this 1st day of_._,,MLY. j
Mayor of a City of M rpark
ATTEST:
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 152 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 1st day of JULY
1992, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY AND MAYOR LAWRASON
NOES: NONE
ABSENT: COUNCILMEMBER WOZNIAK
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 2nd day of JULY
1992.
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BERNARDO M. PEREZ
Councilmember
PAUL W. LAWRASON JR.
Mayor
JOHN E. WOZNIAK
Mayor Pro Tem
SCOTT MONTGOMERY
Councilmember
ROY E. TALLEY JR.
Councilmember
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